Thursday, October 21, 2004

Sentencing Commission Report after Blakely

I understand that a report was issued today by a sentencing commission working for the General Assembly. I also understand that the commission's proposal is to adopt a system similar to Kansas's--about which I know appallingly little. (Recall that it was only the Kansas Supreme Court, I believe, of all the courts in the country, that "understood" that Apprendi applied to its general sentencing scheme. The Kansas legislature then implemented a system of bifurcated trials.)